Representative Cases Handled by Experienced Federal and State Trial Attorneys
Serving all of Florida, including Fort Lauderdale, Miami, the Palm Beaches and beyond
Federal Court Litigation (civil and criminal):
Gary R. Blackburn v. Computershare Trust Company, N.A., Case No. 09-61569-Civ-Zloch/Rosenbaum (S.D. Fla.) (Representation of an individual against a stock transfer company regarding negligent policies and procedures which resulted in the fraudulent transfer of 592,000 shares of stock).
Doria, et al. v. Class Action Services, etc., et al., Case No. 9:08cv80512 (S.D. Fla.) (Representation of a nationally recognized class action claims processing company in an alleged breach of contract action pled as a RICO action initiated by a disgruntled referral agent. The matter was dismissed against client).
Infinity v. Class Action Services, LLC, Cypress Financial Research, LLC., d/b/a Battea, Case No. 10 CIV 2961 (S.D.N.Y.) (Representation of company in an alleged multi-million dollar breach of contract action).
FTC v. SlimAmerica, Inc., et al., Case No. 97-CIV-06072 (S.D. Fla.) (Representation of client in receipt of FTC subpoena).
USA v. Pimstein, et al., Case No. 08-20980-CR-JORDAN (S.D. Fla.) (successfully defeated the government’s attempt to garnish funds).
SEC v. Atlantis Technology Group, et al., Case No. 10-cv-61824-Zloch/Rosenbaum (S.D. Fla.) (Representation of an issuer and its CEO in an action initiated by the SEC).
SEC v. Video Without Boundaries, Inc., et al., Case No. 08-61517-CIV-Gold/McAliley (S.D. Fla.) (Representation of an individual in a case initiated by the SEC).
Michael I. Goldberg, as Receiver for Worldwide Entertainment, Inc., et al. v. Wanda C. Bates, et al., Case No. 08-21182-CIV-Huck/O’Sullivan (S.D. Fla.) (Representation of over a dozen clients located throughout the country (Texas, Florida, Tennessee, Missouri, Mississippi, Louisiana, California, Illinois, Connecticut, Pennsylvania, Nevada, Wisconsin, and Washington) alleged to have been “winning investors” or recipients of profits from a Ponzi scheme. Several individual actions were resolved without paying any settlement amount).
State Court Litigation:
Satterlee v. SunVest Communities USA, L.C., et al., Case No. 08-57029 CA 11 (Representation of a former employee against a nationwide developer/condo converter in a whistleblower action).
Goldston v. Ryals, Case No. 07-34017 (18) (Representation of Plaintiff in an invasion of privacy case. Obtained a jury award of $476,200 including punitive damages).
Gonzalez v. Vanessa Ortiz, et al., Case No. 50 2006 CA 005234 XXXX MB AF (Representation of husband and wife in action involving fraudulent and negligent misrepresentation. Obtained favorable result at trial for Plaintiffs).
Sofia Lieb, et al. v. Michael Hirsh, et al., Case No. 06-23568 CA 04 (Representation of a member of the Board of Directors of a housing association for alleged bribery and kickbacks).
MedChoice Financial, LLC v. Harbaugh, Case No. 10-007047 (14) (Representation of a minority shareholder in breach of contract action. Initiation of a counterclaim asserting false termination, tortious interference with a business relationship, breach of loyalty and care, and breach of fiduciary duty).
Grossman v. International Financial Solutions, Inc., Alex McKenzie and Thomas Sadler, Case No.: 502009CA029315XXXXMB (Representation of a broker/dealer in a breach of contract action ending in dismissal of the action against the client).
Edwards v. Markland, Case No.: 07-017354 CACE 21 (Representation of an individual in a property dispute.)
Nathanson v. Singer, et al., Case No. 09-85444CA04 (Representation of insured against a national insurance company and sales agent for the failure to provide insured with life insurance coverage as agreed and breach of fiduciary duties).
Sea Sun International Ltd. v. Basic Food International, Inc., Case No. 10-012278 (14) (Serving as litigation counsel to an international supplier of seafood).
Reilly v. Paolazzi, Case No. 08000202-02 (Representation of defrauded victim in Ponzi scheme. Result $270,000.00 Judgment).
State Court – Complex Commercial Division
Kast, et al., vs. The Tube Media Group, et al., Case No. 09-06285 (07) (Representation of shareholders in an action against issuer, officers and directors, attorneys and accountants for fraud and negligence).
Representation of officers, directors, accountants, investors, individuals and attorneys in a variety of SEC initiated inquiries and investigations concerning allegations of fraud, unregistered offerings, and accounting violations. The attorneys at Mathews Giberson LLP are able to effectively represent clients in actions initiated by any one of the SEC’s twelve offices (SEC Headquarters, Washington, DC; New York Regional Office; Boston Regional Office; Philadelphia Regional Office; Miami Regional Office; Atlanta Regional Office; Chicago Regional Office; Denver Regional Office; Fort Worth Regional Office; Salt Lake Regional Office; Los Angeles Regional Office; and San Francisco Regional Office) across the country. To protect the privacy of our clients we do not identify the investigations.
Grand Jury Investigations:
the Firm frequently represents individuals who suffered significant losses as a result of unauthorized transactions, churning, fraudulent sales practices, and investments in unsuitable investments. We have found that elderly individuals are particularly susceptible to these unscrupulous sales practices. Some of our representative cases are listed below without our clients’ names to protect their privacy.
JA & RA v. Merrill Lynch, Pierce, Fenner & Smith Inc. and Fady Eid, NASD-DR Arbitration No. 06-05377 (Representation of international Claimants against Merrill Lynch in a suitability case).
WG v. Morgan Stanley, FINRA Dispute Resolution Case No.09-02172 (Resolution of FINRA action against Morgan Stanley).
MG, et al., v. Empire Financial Group, Inc., et al., FINRA Dispute Resolution Case No. 08-01565 (Arbitration award based upon fraudulent and misleading sales practices regarding the sale of an abusive welfare benefit plan).
JM v. Workman Securities Corporation, et al., FINRA Dispute Resolution Case No. 09-05791 (Resolution of FINRA action against Workman Securities during the Final Hearing).
JV v. Basic Investors, Inc., et al., FINRA Dispute Resolution Case No. 08-04391 (Resolution of an action against broker/dealer and registered representative for fraudulent conduct).
the Firm has successfully resolved many claims initiated by investors against broker-dealers and stock brokers without engaging in litigation.
the Firm has also represented broker/dealers, financial advisors and registered representatives before FINRA involving a wide range of issues including: FINRA initiated investigations, Form U5 defamation, employment disputes, and a FINRA broker/dealer application adjustment.
Advice and Counsel: Pre-Litigation Resolution
In Re: Estate of Leonard Frankel, Leonard Frankel Trust as Amended and restated on July 10, 2002, Case No. 04-02803 CP (02) (Representation of adult children in a probate action to contest fraudulent transfers of over $20,000,000.00).
Jones v. Lorber, et al., Case No. 50 2009 CP 005727XXXXNB (Representation of beneficiaries against undue influence claims and an interpleader action).
the Firm regularly represents individuals in personal injury actions and has successfully resolved many other personal injury disputes without engaging in protracted litigation. Publicly filed cases included:
Goldston v. Ryals, Case No. 07-34017 (18) (Representation of Plaintiff in an invasion of privacy case. Jury awarded damages of $476,200 against defendant including $275,000 in punitive damages. In addition, the Court awarded attorneys’ fees of over $80,000.).
Thaler v. The Palms at Delray Beach, LLC, et al., Case No., 50:2008-CA-039390XXXXMB AN (Representation of plaintiff in a negligence action regarding the failure to maintain the premises).
The Watershed Treatment Programs, Inc. v. United HealthCare Ins. Co., No. 07cv80091, 2007 WL 1099124 (S.D. Fla. Apr. 10, 2007). Order dismissing with prejudice The Watershed’s civil conspiracy and declaratory judgment causes against United HealthCare Insurance, United Behavioral Health, and Ingenix.
Wyatt v. CIGNA Corp., 951 So. 2d 846 (Fla. 2d DCA 2007). Per curiam affirmance of order dismissing suit against Connecticut General Life Insurance Company for failure to prosecute.
Lower Florida Keys Health Systems, Inc. v. Beacon Health Plans, Inc., 946 So. 2d 85 (Fla. 2d DCA 2006). Order affirming enforcement of settlement agreement in favor of Beacon Health Plans and upholding Beacon’s setoffs against current claims.
Jacksonville Emergency Consultants, P.A. v. Vista Healthplan, 941 So. 2d 1262 (Fla. 1st DCA 2006). Per curium affirmance of order of Florida’s Agency for Health Care Administration setting amount owed by Vista Healthplan to emergency room physicians at 120% of Medicare.
Doe v. Francis, 18 Fla. L. Weekly Fed. D241a (N.D. Fla. Feb. 10, 2005). Order staying prosecution of civil claims against producers of Girls Gone Wild videos arising out of same circumstances as pending state court criminal action.
Securities and Exchange Commission v. Lauer, 18 Fla. L. Weekly Fed. D80a (S.D. Fla. Nov. 18, 2004). Order denying motion for gag order against receiver of Lancer Management Group, Inc.
Alternate Energy Corp. v. Redstone, 17 Fla. Weekly Fed. D836a (S.D. Fla. Aug. 2, 2004). Order granting David Redstone’s motion to dismiss for lack of personal jurisdiction.
Coral Springs Street Systems, Inc. v. City of Sunrise, 371 F3d. 1320 (11th Cir. 2004). Decision reversing order holding city ordinance regulating outdoor advertising signs violated First and Fourteenth Amendments by discriminating against noncommercial speech and awarding permit applications to Coral Springs Street Systems, Inc.
Rosenauer v. School Board of Manatee County, 17 Fla. L. Weekly Fed. D669a (M.D. Fla. May 27, 2004). Order approving settlement between the Rosenauers and the School Board and entering consent decree prohibiting delivery of sectarian invocations at School Board meetings.
Badillo v. Playboy Entertainment Group, Inc., et al., 17 Fla. L. Weekly Fed. D529a (M.D. Fla. Apr. 16, 2004). Order denying motion seeking to enjoin Playboy Entertainment Group, Inc., and other defendants to cease selling Playboy Exposed: All American Girls.
Glaze v. MRA Holding, LLC et al., 16 Fla. L. Weekly Fed. D503a (M.D. Fla. July 11, 2003). Order denying motion to remand invasion of privacy appropriation of likeness and false light claims against producers of Girls Gone Wild videos.
Pippin v. Playboy Entertainment Group, Inc., et al., 16 Fla. L. Weekly Fed. D506a (M.D. Fla. July 1, 2003). Order denying motion seeking to enjoin Playboy Entertainment Group, Inc., and other defendants to cease selling Playboy Exposed: All American Girls.
Coral Springs Street Systems, Inc. v. City of Sunrise, 287 F. Supp. 2d 1313 (S.D. Fla., 2003). Order holding city ordinance regulating outdoor advertising signs violated First and Fourteenth Amendments by discriminating against noncommercial speech and awarding permit applications to Coral Springs Street Systems, Inc.
National Advertising Company v. City of Miami, 287 F. Supp. 2d 1349 (S.D. Fla. 2003). Order holding that city ordinance regulating outdoor advertising signs did not violate First and Fourteenth Amendments by discriminating against noncommercial speech, by lacking procedural safeguards, or by lacking sufficiently definite criteria to restrict the discretion of city employees deciding whether to allow certain signage.
Lane v. MRA Holdings, LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002) (M.D. Fla. 2002). Order granting summary judgment against invasion of privacy claims in favor of the producers of Girls Gone Wild, arising from use of video of 17-year-old woman exposing her breasts on Labor Day weekend at Panama City Beach.
Campus Communications, Inc. v. Earnhardt, 821 So. 2d 388 (Fla. 5th DCA 2002). Order upholding constitutionality of retroactive exemption of autopsy photographs from public disclosure requirements of the Public Records Law, over the objection of Campus Communications, Inc., publisher of The Independent Florida Alligator.
Casabona v. SCI Funeral Services of Florida, Inc., 802 So. 2d 1151 (Fla. 3d DCA 2001). Order rejecting argument that trial was improperly bifurcated and affirming judgment in favor of defendant SCI Funeral Services against claim that it was negligent in preparing and delivering body of plaintiff’s deceased.
Lebed v. Amedex Ins. Co., 789 So. 2d 545 (Fla. 3d DCA 2001). Order affirming dismissal of complaint against Amedex Insurance Co. and enforcing insurance arbitration clause.
Access Now, Inc. v. Cunard Line Limited, 15 Fla. L. Weekly Fed. D33a (S.D. Fla. Oct. 31, 2001). Order approving settlement of Americans with Disabilities claims against cruise lines Carnival Corporation.
Fla. Outdoor Advertising, LLC v. City of Boynton Beach, 182 F. Supp. 2d 1201 (S.D. Fla. 2001). Order holding city ordinance regulating outdoor advertising signs violates First and Fourteenth Amendments by discriminating against noncommercial speech. and awarding permit applications to Florida Outdoor Advertising, LLC.